Woolff

This is a motion to dismiss the appeal in this action on the ground that no transcript herein has been filed within the time prescribed by rule 2 of this court.

The record on this motion and upon which it is pressed consists of a certificate of the county clerk of the city and county of San Francisco, a certificate of the clerk of the district court of appeal of the first district, an affidavit of Bronte M. Aikins, one of the attorneys for the respondent, and an affidavit of the attorney for the appellants.

From the certificate of the county clerk these facts appear: That a judgment was rendered by the superior court in and for the city and county of San Francisco and entered in favor of plaintiff and against defendants, for the possession of certain real property, situated in said city and county, on the second day of December, 1908; that thereafter—on the twenty-ninth day of March, 1909—a notice of appeal was filed by defendants, appealing from said judgment; that said'notice of appeal was served upon the attorneys for plaintiff on said twenty-ninth day of March, 1909; that an undertaking on appeal was filed by the appellants on the ninth day of April, 1909; that “the sureties…